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the facts with regard to the issue lie peculiarly within the knowledge of that party. McCormick on Evidence 950 (3d ed., Edward W. Cleary ed.,1984). Another relevant principle is that the risk of failure of proof may properly fall upon the party who contends that the more unusual event has occurred. Id. In this case, Southwest withheld all information about Employees 4 through 9 except for their sex. There is no doubt that most people are not individuals with disabilities. Therefore, if Southwest knew that one or more of Employees 4 through 9 was disabled, it bore the burden of coming forward with that information at trial. Indeed, it seems strange that Southwest would not have introduced evidence that one or more of these employees was disabled, if it were true, given the detrimental effect this information would have had on Carmona’s case. Therefore, we find that the jury was entitled to assume, based on the absence of proof to the contrary and the probabilities of the situation, that the employees represented by Exhibits 4 through 9 were not disabled.

Moreover, some of Carmona’s trial evidence supported an inference that his disability-related absences irritated his supervisors. Clark characterized Carmona’s attendance record between 2003 and 2005 as “one of the worst ones that we had,” noting that “roughly 40 percent of the time that’s represented on the calendar is sick time.” However, Clark admitted that the vast majority of these absences could not be counted against Carmona because of his intermittent FMLA leave and his doctors’ notes. Michael Mankin, Clark’s superior, testified that Carmona’s attendance was “extremely poor.” All things considered, a reasonable jury could properly infer that, when Carmona’s record eventually indicated that he had exceeded twelve points, his supervisors jumped at the chance to terminate him and did everything they could to ensure that his points would still exceed twelve after


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